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HomeMy WebLinkAboutC2014-411 - 9/19/2014 - NA • f AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND THE BEAUTIFY CORPUS CHRISTI ASSOCIATION This agreement ("Agreement") between the City of Corpus Christi ("City") and the Beautify Corpus Christi Association ("BCCA") formalizes the parties' joint mission to lead efforts to achieve and maintain a cleaner, healthier and more beautiful environment for the enjoyment of residents and visitors to the City. BCCA will work closely with City staff to assist in addressing issues related to environmental activities and education, especially as it relates to illegal dumping, litter, recycling and graffiti. The purpose of this Agreement is to solidify our coordinated efforts in the areas of: • Providing leadership during community events for maintaining a sustainable environment; • Promoting and assisting with City-wide environmental programs; • Participating in anti-graffiti efforts including sustaining efforts of volunteer groups and the Corpus Christi Police Department; • Increasing communication throughout the community regarding anti-litter and beautification activities; • Encouraging neighborhood cleanup campaigns; • Improving attitudes about recycling and increasing participation in the recycling program, and increasing waste diversion through the new City recycling initiatives; and • Distributing information and educational materials regarding'environmental subject matters. This Agreement is effective from the date of execution by the last signatory to this Agreement and continues for a period of 12 months, unless sooner terminated under the provisions of this Agreement. BCCA shall designate the following City officials as ex-officio, non-voting members of its Board of Directors: Director of Solid Waste Operations, Director of Parks and Recreation Operations, and the Police Chief, or their respective designees. The City shall provide a grant of $25,000 to BCCA in return for BCCA's efforts to implement the scope of work described in Attachment A, which is attached to this Agreement and is incorporated into this Agreement by reference. BCCA agrees to indemnify and hold harmless the City of Corpus Christi as set out in Attachment B, which is attached to this Agreement and is incorporated into this Agreement by reference. This Agreement may be terminated by either party by providing 30 days advance written notice, with or without cause. If terminated, a prorated amount of the $25,000 grant, representing the portion of funds paid by City for which services will not be provided due 2014-411 9/19/14 Beautify Corpus Christi Assoc. INDEXED to the termination of this Agreement, will be refunded by BCCA to the City within 30 days of the date this Agreement is terminated. CONTACT INFORMATION: City of Corpus Christi Assistant City Manager Attn: Gustavo Gonzalez, PE P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3189 Office (361) 826-4681 Fax Beautify Corpus Christi Association 545 N. Upper Broadway, Suite 700E Corpus Christi, TX 78476 (361) 884-8888 Office (361) 887-0436 Fax CIT I F CORPUS 'ISTI �tll� �- 9, iq, 1 l Gustav I Gonzalez, PE S Date Assista i t City Manager Attest: Z—e—Lee—e--C-, 14-U•-eA-4—‹ �i /30/1 cr Rebecca Huerta Date City Secretary Beautify Corpus Christi Association Emily M. ez, Presid Date Attachment A SCOPE OF WORK Prior to any monies being allocated, a list of Beautify Corpus Christi Association (BCCA) projects completed with fiscal year 2013-14 City of Corpus Christi funds must be provided by BCCA to the Assistant City Manager for Public Works, Utilities and Transportation. BCCA is encouraged to use funds for litter abatement and beautification projects. As part of the City's contract with the BCCA, the City requires that: • All work to be completed in City parks adhere to the City's Parks & Recreation Master Plan. All projects related to City parks also require advance approval of the Parks & Recreation Director and must include a sustainability plan that does not include City staff or resources (or, at least, keeps the burden at the absolute minimum). • Any funds related to this contract must be used for approved BCCA projects and sub-grants. • Financial reports and work plans must be submitted to the Assistant City Manager for Public Works, Utilities and Transportation annually. Annual reports are due to the City within thirty days following the end of the City's fiscal year. The City's fiscal year ends on September 30. • All projects are subject to the approval of the City of Corpus Christi. • Funds may not be used for any maintenance projects unless mutually approved in advance by the BCCA's Board of Directors and City staff. THE FOLLOWING REQUIREMENTS WILL BE PRESENTED TO THE CITY'S EX-OFFICIO BOARD MEMBERS OR THEIR DESIGNEES: Reporting The BCCA's Board of Directors shall provide an annual report. The report must summarize the activities included in the terms of this Agreement and the progress made by BCCA. The annual report must include copies of all monthly financial statements approved by the BCCA's Board of Directors during the period of this Agreement. The report must summarize activities carried out pursuant to the Agreement and approved work plan, all accomplishments, awards and any deviations. Review of Financial Records City funds must be maintained separately from other BCCA funds. The City has the right to inspect any financial records pertaining to City funds utilized by BCCA within two weeks of City's request. Contract Management Management and primary contact for compliance with this Agreement shall be the Assistant City Manager of Public Works, Utilities and Transportation or his designee. Attachment B INDEMNIFICATION AND HOLD HARMLESS Beautify Corpus Christi Association shall indemnify, hold harmless and defend the City of Corpus Christi, its officers, employees, representatives and agents ("Indemnitees") from and against any and all suits, claims, demands, liabilities, losses, and damages of any nature whatsoever on account of personal injuries, property loss, or damage (including, without limitation to the foregoing, worker's compensation and death claims) which arise out of or are in connection with the performance of this Agreement, regardless of whether the injuries, death, loss, or damage are caused by or are claimed to be caused by the concurrent or contributory negligence of Indemnitees, but not if by the sole negligence of Indemnitees unmixed with the fault of any other person. Beautify Corpus Christi Association must, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any suits, claims, demands, liabilities, losses and damages. The indemnification obligations of Beautify Corpus Christi Association under this provision survive the expiration or earlier termination of this Agreement.